STATE OF RAJASTHAN Vs. SHANTI

JUDGEMENT

(1.) Heard learned counsel for the State and for the respondent.

(2.) Challenge in this appeal is to the judgment of the learned single Judge of Rajasthan High Court at Jodhpur dismissing the appeal filed by the State questioning the correctness of the judgment of acquittal recorded by learned Additional District and Sessions Judge No.2, Hanumangarh. Two persons faced trial for alleged commission of offences under Sections 8 and 18 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the 'NDPS Act').

(3.) Allegation was that on 18/1/1999 the Station House Officer, Police Station Pilibanga received secret information that the respondent Shanti and her son Darshan along with her husband Shankar Lal were habitually indulging in the sale and purchase of opium and the respondent Smt. Shanti was expected to come with opium near a particular place. The police officer reached the place and found that the respondent was carrying a bag in her hand. She was stopped and searched. The bag was found to carry about 10 kgs. of opium. On the information given by her, another 20 kgs. were seized from near her residential house. Accused Shankar Lal was also arrested in connection with the second recovery of 20 kgs. of opium. Charge-sheet was filed after investigation. As the accused persons pleaded innocence trial was held. The trial Court found that there was violation of the provisions of Sections 42 (2), 50, 55 and 57 of the NDPS Act and. acquitted the accused. Questioning the acquittal, the High Court was moved by the State. The High Court did not find any substance in the appeal filed by the State and dismissed it.